Section 100:
In the event that an energy consumer is adversely affected by the service provision of a licensee, the energy consumer shall have the right to file a petition to the concerned Regional Energy Consumer Committee.
The petition shall explicitly indicate the facts occurred, and any proof or documentary evidence relevant to the petition shall be furnished therewith.

The criteria and petition procedures shall comply with the regulations prescribed by the ERC. In this connection, a timeframe shall be fixed that the petition deliberation shall be finalized within sixty (60) days as from the date of receipt of the petition, and the parties concerned shall also be given an opportunity to provide facts and present their evidence.
Section 101:
In the event that the energy consumer disagrees with the decision of the Regional Energy Consumer Committee, he shall have the right to appeal to the ERC, according to the criteria, procedures and conditions set forth by the ERC.
The appeal decision of the ERC shall be treated as final.

Section 102:
In the case where an energy consumer has found that a licensee collects the tariff at a higher rate than that approved by the ERC, or that the licensee unfairly provides services, the energy consumer shall have the right to request information about his service utilization from the licensee, and the licensee must provide the requested information to the energy consumer within thirty (30) days from the date on which a written request is received.

In the event that the energy consumer wishes to obtain the information under Clause one hereof in the form of a document with the certification of the information accuracy, the licensee shall accordingly provide him with such a document and the charge for so doing can be imposed on the energy consumer. However, the charge shall not be higher than the actual cost and shall be in line with the criteria, procedures and conditions prescribed by the ERC.

Section 103:
In the case where there are reasonable grounds for suspicion that a licensee unjustly or unfairly collects tariffs, the energy consumer shall have the right to submit a petition to the Regional Energy Consumer Committee. The provisions of Section 100 shall apply mutatis mutandis.

DIVISION 5
UTILIZATION OF IMMOVABLE PROPERTY
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Section 104:
When it is necessary for a licensee that is a government agency to use immovable property for the purpose of constructing an energy network system or other structures necessary and related to such an activity, including water resources for power generation and constructing a barrage, a diversion dam, a storage dam, a reservoir or any other structure that is a component of the dam or reservoir for

hydropower generation, for hydropower development, or for the benefits related to the construction of a hydropower plant, including the switchyard and any other structure that is a component of the hydropower plant, if no agreement is made on the transfer to be otherwise, the expropriation shall be made according to the law on the expropriation of immovable property. In this regard, the Office shall be the expropriation authority and the ownership to the expropriated immovable property shall belong to the state.

The Office shall be tasked with the administration, maintenance, utilization and profit making in relation to the immovable property belonging to the state under Clause one hereof, in accordance with the criteria, procedures and conditions set forth by the ERC.

Section 105:
For the benefit of exploration or survey for a location for the construction of an energy network system, a licensee, with the approval of the ERC, shall have the power to enter and temporarily make use or occupy the immovable property of any person, so long as it is not his dwelling place. In this connection, a licensee that is a government agency or the office of another licensee shall make an announcement designating the area to be surveyed by posting up a written notification at the district office, or the minor-district office, the sub-district office and the village headman office, overseeing the area where the immovable property is situated, for a period of no less than seven (7) days. Besides, the licensee shall make an announcement via at least one of the local newspapers which are widely distributed in the locality for no less than three (3) days, notifying the scheduled date, time and duration of the act to be performed, or in accordance with the criteria set forth by the ERC.

The posting of such a notification and the announcement in the newspaper shall be made no less than thirty (30) days prior to the entrance to use or possess of the immovable property.

After having entered the immovable property of any person, if any damage or depreciation of the immovable property or assets occurs, the licensee shall notify the amount of compensation for the damage, in writing, to the owner or occupying person or right holder of the immovable property or assets and shall pay compensation for the damage to the concerned person according to the criteria, procedures and conditions specified by the ERC. In this regard, the compensation amount shall be fairly assessed, including the charge for loss of economic benefits that should have been gained from the use of the concerned property.

The owner or occupying person or right holder of the immovable property or assets may lodge an appeal against the amount of compensation to the ERC within sixty (60) days as from the receipt date of the written notification on the amount of compensation.

The ERC shall finalize the deliberation on the appeal within sixty (60) days as from the receipt date of the appeal.

The ERC’s decision on the appeal shall be treated as final.

Section 106:
When the licensee has identified the route or the site for the energy network system construction, he shall prepare a drawing illustrating detailed characteristics of the directions and boundary of the energy network system installation for submission to the ERC for consideration and approval, and the ERC shall finalize the consideration within thirty (30) days.

After the ERC has approved the drawing under Clause one hereof, the Office shall make an announcement designating the energy network system boundary by posting notifications at the district office, or the minor-district office, the sub-district office and the village headman office, where the energy network system boundary is located, or by any other means as deemed appropriate by the ERC. In this regard, the licensee shall illustrate the demarcation of the energy network boundary on the actual site and issue a written notification to the owner or occupying person or right holder of the immovable property that is located within the boundary, or in the associated energy network system sites, pursuant to the criteria, procedures and conditions set forth by the ERC.

The owner or occupying person or right holder of the immovable property may lodge an appeal giving reasons rendering such an act inappropriate to the ERC within thirty (30) days as from the receipt date of the written notification from the licensee.

The ERC shall finalize the deliberation on the appeal within sixty (60) days as from the receipt date of the appeal.
The ERC’s decision on the appeal shall be treated as final.

Section 107:
When the announcement on the energy network system boundary under Section 106 has been made, the licensee shall have the power to carry out the following:

(1) To construct the energy network system under, above, along or across the energy network system of another licensee, and the latter shall not be able to oppose the implementation unless it can be proved that the implementation will create technical problems that may disturb his own energy network system installation. In this connection, the other licensee may impose a utilization charge at a reasonable and fair amount.

(2) To construct the energy network system under, above, along or across a state property land. In this regard, the licensee shall abide by the rules and regulations pursuant to the provisions of relevant laws.

(3) To construct the energy network system under, above, along or across the land belonging to any person and to erect or install poles or other equipment in or on the ground of any person where no structures are situated.

(4) To demolish buildings or structures of other persons, or to destroy other things that were constructed or made, or to destroy or cut trunks, branches or roots of trees of other persons, or vegetation in the energy network system boundary.

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